Criminal Justice Committee chairman ‘not convinced’ law is broken

Published: Tuesday, January 8, 2013 at 06:07 PM.

PANAMA CITY— State Sen. Greg Evers wants the Legislature to regulate drone use, but he is less eager to amend the “stand your ground” law.

This spring, both hot-button issues will pass through the Criminal Justice Committee, which Evers chairs. But he is unsure the “stand your ground” bill will get committee time, the Baker Republican said Monday.

The bill (SB136) was referred to the Criminal Justice Committee on Friday and, once reviewed, a determination will be made on whether it gets a hearing, Evers said. It also was referred to the Judiciary and Rules committees.

“I wouldn’t want to say that it wouldn’t. All I would say is that we’ll look over it and make a decision once we have time to dig further into the legislation,” he said.

But Evers has no burning desire to amend the controversial law.

“I’m very comfortable with where ‘stand your ground’ is right now,” he said.

The law drew national attention last year when neighborhood watch volunteer George Zimmerman used it as a defense after shooting and killing Trayvon Martin, an unarmed 17-year-old. Despite the contentious debate, Evers does not see a need for adjustments.

PANAMA CITY— State Sen. Greg Evers wants the Legislature to regulate drone use, but he is less eager to amend the “stand your ground” law.

This spring, both hot-button issues will pass through the Criminal Justice Committee, which Evers chairs. But he is unsure the “stand your ground” bill will get committee time, the Baker Republican said Monday.

The bill (SB136) was referred to the Criminal Justice Committee on Friday and, once reviewed, a determination will be made on whether it gets a hearing, Evers said. It also was referred to the Judiciary and Rules committees.

“I wouldn’t want to say that it wouldn’t. All I would say is that we’ll look over it and make a decision once we have time to dig further into the legislation,” he said.

But Evers has no burning desire to amend the controversial law.

“I’m very comfortable with where ‘stand your ground’ is right now,” he said.

The law drew national attention last year when neighborhood watch volunteer George Zimmerman used it as a defense after shooting and killing Trayvon Martin, an unarmed 17-year-old. Despite the contentious debate, Evers does not see a need for adjustments.

“I still am not convinced that ‘stand your ground’s’ broke, so why do you need to fix it?” he said.

Asked if the shooting death of Martin highlighted inadequacies in the law, Evers said, “I believe the law is a good law as it’s written.”

State Sen. Chris Smith, D-Fort Lauderdale, disagreed. The Senate minority leader filed SB136 last month, which, he said, would change the law in three fundamental ways. If passed, law enforcement could detain or arrest someone who invokes the “stand your ground” defense.

“Right now law enforcement can’t even detain them to do an accurate assessment,” he said.

Second, “someone shown to be the aggressor” in an altercation would not be allowed to use the “stand your ground” defense, according to the bill. Examples of being the aggressor include leaving a “safe place” and entering a situation “likely to result in a use of force” and pursuing trespassers or assailants after they have “withdrawn” or the confrontation has ceased.

If passed, the change would force the aggressor to use a self-defense claim, without the additional protections afforded under the “stand your ground” law, Smith said. Under the law passed in 2005, there is no “duty to retreat” if a person is in a place he or she has “a right to be.”

“Prior to the enactment of the statute, a person could not use deadly force in self-defense without first using every reasonable means within his or her power to avoid the danger, including retreat,” according to Troy J. Webber, a Jacksonville criminal defense attorney, who explains the law on his website.

Third, the bill would require Florida Department of Law Enforcement and other law enforcement agencies to keep a database of those who used “stand your ground” as a defense. The database would include whether an arrest was made and whether the individual was prosecuted.

“These three are certainly common sense measures,” Smith said.

Right now, the “stand your ground” law is being used in evidentiary hearings in drug cases, domestic cases and even school-yard fights, Smith said.

The Senate minority leader said many Republicans think his bill would eliminate the law, but it only makes three changes.

“I would find it unlikely that anyone could disagree with all three points of the bill,” he said.

The legislation doesn’t have the support of Senate President Don Gaetz, R-Niceville.

“I will not vote for or support any repeal or watering down of the ‘stand your ground’ law,” he said Tuesday.

Gaetz said he allows committee chairs to set their meeting agendas and said he and Evers have agreed about every Second Amendment issue that has come before the Legislature, including the “stand your ground” law.

Smith said state Rep. Bruce Antone, D-Orlando, will file companion legislation in the House.

Drones

The Criminal Justice Committee also will discuss a bill (SB92) limiting drone use at its meeting Jan. 15. State Sen. Joe Negron, R-Stuart,filed the bill, titled “Freedom from Unwarranted Surveillance Act,” which prohibits drone use by state and local law enforcement, except when countering a high-risk terrorist attack.

The bill is the first to be discussed in the Criminal Justice Committee. Evers wants the Legislature to establish when and how unmanned aircrafts can be used. He views the issue as an opportunity to protect Floridians’ privacy and create uniform criteria for drone use.

“I brought the bill up because I definitely think it needs a hearing,” he said.

Evers said drones are a “tool” in law enforcement’s toolbox, but should be used only in certain circumstances. He said there may be instances outside counterterrorism where they could be employed, but he was adamant it should not be for day-to-day surveillance.

Evers said he does not want law enforcement flying drones “just looking for something” illegal. He also has concerns about safety issues.